Hi all, Im in the middle of a little debate at work at the moment reference putting card in before 4am.
I have always been of the understanding that because we haven’t signed anything to opt out we can only work a 10 hour day if we start between 00.00 and 04.00.
one of the lads seems to think because we haven’t signed anything we shouldn’t be working between the hours at all.
can someone please clarify so I can clear it up and ensure no one drives illegally.
cheers
As far ive been told is that your workplace has to opt out of the 10h rule otherwise you can only do 10h shifts
10 hours of work in 24 hours not 10 hour shift - if not opted out
You are correct that you have to sign a collective agreement to “opt out” of the night time working time directive if you are to ‘WORK’ more than 10 hours, obviously ‘WORK’ doesn’t include break or POA.
I’m not sure on how the collective agreement works (like we have multiple depots) it’s not in our interest to opt out of the directive at our depot as we are paid by the day, however, it is in the interest of all the other depots as they are paid by the hour.
NewLad:
You are correct that you have to sign a collective agreement to “opt out” of the night time working time directive if you are to ‘WORK’ more than 10 hours, obviously ‘WORK’ doesn’t include break or POA.I’m not sure on how the collective agreement works (like we have multiple depots) it’s not in our interest to opt out of the directive at our depot as we are paid by the day, however, it is in the interest of all the other depots as they are paid by the hour.
you don’t have to sign anything its a collective agreement renewed every 5 yrs I think … as long as there has been a majority that say either or that stands …
nick2008:
NewLad:
You are correct that you have to sign a collective agreement to “opt out” of the night time working time directive if you are to ‘WORK’ more than 10 hours, obviously ‘WORK’ doesn’t include break or POA.I’m not sure on how the collective agreement works (like we have multiple depots) it’s not in our interest to opt out of the directive at our depot as we are paid by the day, however, it is in the interest of all the other depots as they are paid by the hour.
you don’t have to sign anything its a collective agreement renewed every 5 yrs I think … as long as there has been a majority that say either or that stands …
I haven’t been told anything about a collective agreement, ill find out tomorrow if we have one or not.
just to clarify I can legally be out for lets say 12 hours providing 2 of those hours are break or POA?
nick2008:
NewLad:
You are correct that you have to sign a collective agreement to “opt out” of the night time working time directive if you are to ‘WORK’ more than 10 hours, obviously ‘WORK’ doesn’t include break or POA.I’m not sure on how the collective agreement works (like we have multiple depots) it’s not in our interest to opt out of the directive at our depot as we are paid by the day, however, it is in the interest of all the other depots as they are paid by the hour.
you don’t have to sign anything its a collective agreement renewed every 5 yrs I think … as long as there has been a majority that say either or that stands …
I know how long it stands for, surely people must sign to opt out and not just say… yeah I’ll opt out.
NewLad:
nick2008:
NewLad:
You are correct that you have to sign a collective agreement to “opt out” of the night time working time directive if you are to ‘WORK’ more than 10 hours, obviously ‘WORK’ doesn’t include break or POA.I’m not sure on how the collective agreement works (like we have multiple depots) it’s not in our interest to opt out of the directive at our depot as we are paid by the day, however, it is in the interest of all the other depots as they are paid by the hour.
you don’t have to sign anything its a collective agreement renewed every 5 yrs I think … as long as there has been a majority that say either or that stands …
I know how long it stands for, surely people must sign to opt out and not just say… yeah I’ll opt out.
We opt out of ours and i think it’s about every two years but i think that’s open to agreement too, we do a max of a 12 hour shift instead of 10 hours of work.
We don’t sign anything it’s just discussed and the union sort it, it goes to a vote sort of but there’s only going to be one winner and that’s a max 12 hr shift.
matt18244:
nick2008:
NewLad:
You are correct that you have to sign a collective agreement to “opt out” of the night time working time directive if you are to ‘WORK’ more than 10 hours, obviously ‘WORK’ doesn’t include break or POA.I’m not sure on how the collective agreement works (like we have multiple depots) it’s not in our interest to opt out of the directive at our depot as we are paid by the day, however, it is in the interest of all the other depots as they are paid by the hour.
you don’t have to sign anything its a collective agreement renewed every 5 yrs I think … as long as there has been a majority that say either or that stands …
I haven’t been told anything about a collective agreement, ill find out tomorrow if we have one or not.
just to clarify I can legally be out for lets say 12 hours providing 2 of those hours are break or POA?
You can do 13 or 15 hour shifts as long as either 3 or 5 of them hours are break or POA. I also think it’s got to be a full collective agreement by the employees not the employer which is done by a ballot. You can’t just have say 30-50% agreement. It also has to be renewed every 5 years.
Does anybody know if anybody has been done for breaking such rules■■? 
tango boy:
Does anybody know if anybody has been done for breaking such rules■■?
Don’t think VOSA or whatever they’re called bother policing it TBH. When I was on nights after I started back from being on the sick 6 months I had some infringements for doing more than 10 hours in a 24 hour period as I myself and our planners thought it was 10 hours each night shift.
Never heard ouwt and if I get a pull I very much doubt they’ll do me if they check my digi card.
tango boy:
Does anybody know if anybody has been done for breaking such rules■■?
Vosa said nothing to me when I started before 4:00 and did a full 15hr day shift. Used to do it a few times a week in a previous job. It used to bring up an infringement on our download software that I had to sign for constantly.
SteveBarnsleytrucker:
tango boy:
Does anybody know if anybody has been done for breaking such rules■■?Don’t think VOSA or whatever they’re called bother policing it TBH. When I was on nights after I started back from being on the sick 6 months I had some infringements for doing more than 10 hours in a 24 hour period as I myself and our planners thought it was 10 hours each night shift.
Never heard ouwt and if I get a pull I very much doubt they’ll do me if they check my digi card.
That’s what i thought!!! Just think it’s an excuse for namby pamby drivers!!! 
tango boy:
SteveBarnsleytrucker:
tango boy:
Does anybody know if anybody has been done for breaking such rules■■?Don’t think VOSA or whatever they’re called bother policing it TBH. When I was on nights after I started back from being on the sick 6 months I had some infringements for doing more than 10 hours in a 24 hour period as I myself and our planners thought it was 10 hours each night shift.
Never heard ouwt and if I get a pull I very much doubt they’ll do me if they check my digi card.That’s what i thought!!! Just think it’s an excuse for namby pamby drivers!!!
I wouldn’t want the opt out at our place as we could lose out on nights out and your shift times would be all over the shop, plus the risk of being parked up loads of hours waiting for a back load.
I.E we do a run upto Scotch to be their for first thing Monday morning. Now we would go with it Sunday and get the run out bonus plus a night out Sunday. Now if we opted out it would probably be don’t bother running with that Sunday, set of at say 1-2am Monday morning, you get up there tip that out and run down for a backroad out of say Carlisle but it won’t be ready untill 8am the next day. You get there on the doorstep and finish your shift doing a 15 hour at 16:00 if starting at 1am that morning. You now have 15 hours doing nothing much waiting for your load to be ready.
Another scenario you start all week at 1am and you think nice one I’ll be back in the yard for maybe dinner time Friday job done. Do you think they’d tell you to run back to the yard to finish early if you was a few hour from the yard? More than likely they would tell you not to bother clocking on till 7am Friday morning as they are looking for a backload to fetch back.
Understand, it’s not a dig at you!! but some drivers thrive off it if catch my drift!!
tango boy:
Understand, it’s not a dig at you!! but some drivers thrive off it if catch my drift!!
Yeah get where you’re coming from mate, I know what your on about, we have them in our yard I bet you have them too
Malingering ■■■■■ we call them and a mate of mine always says, “I wouldn’t pay them ■■■■■ out in CO OP cheques” 
Try ouwt to get out of a run, job etc
SteveBarnsleytrucker:
tango boy:
Understand, it’s not a dig at you!! but some drivers thrive off it if catch my drift!!Yeah get where you’re coming from mate, I know what your on about, we have them in our yard I bet you have them too
Malingering [zb] we call them and a mate of mine always says, “I wouldn’t pay them [zb] out in CO OP cheques”
Try ouwt to get out of a run, job etc
Any excuse
■■■■ that ■■■■. If I start at 3, I’ll finish when I’m finished. Not when some baby arse thinks I should finish. Usual shifts for me!